Thomas E. Rutland v. Swift Chemical Company

Breach of implied warranty of merchantability or fitness is the theory of Rutlands (appellants) suit against Swift Chemical Company (appellee) for damages related to poor performance of fertilizer manufactured by Swift and sold to Rutland by a retail establishment in Jayess, Mississippi. Rutland purchased the fertilizer on May 1, 1969, and filed suit in June 1975 in the Walthall County Circuit Court, which court transferred the cause to the Lawrence County Circuit Court upon a motion for change of venue. The Lawrence County Circuit Court ruled that the suit was barred by the six year statute of limitations under Mississippi Code Annotated 75-2-725 (1972).